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2017

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Articles 1531 - 1560 of 14028

Full-Text Articles in Law

Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman Nov 2017

Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman

Fordham Law Review

Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new …

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Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher Nov 2017

Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher

Fordham Law Review

Traditional free speech doctrine is inadequate to account for modern terrorist speech. Unprotected threats and substantially protected lawful advocacy are not mutually exclusive. This Article proposes recognizing a new hybrid category of speech called “terrorizing advocacy.” This is a type of traditionally protected public advocacy of unlawful conduct that simultaneously exhibits the unprotected pathologies of a true threat. This Article explains why this new category confounds existing First Amendment doctrine and details a proposed model for how the doctrine should be reshaped.

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The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum Nov 2017

The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum

Fordham Law Review

The panel I was assigned to, for this distinguished gathering of scholars at Fordham Law School, where I had previously been a professor for twentythree years, was given the name, “Caution Against Overreaching.” Overreaching and the caution it occasions, in this case, refer to the First Amendment, a uniquely American absolutist, legalistic obsession. For many who fixate on such matters, the government must never be allowed to trample upon the unfettered free speech rights guaranteed under America’s first, and most favorite, Amendment.

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Algorithmic Jim Crow, Margaret Hu Nov 2017

Algorithmic Jim Crow, Margaret Hu

Fordham Law Review

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …

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“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao Nov 2017

“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao

Fordham Law Review

The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video …

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Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb Nov 2017

Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb

Fordham Law Review

Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.

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Wild Westworld: Section 230 Of The Cda And Social Networks’ Use Of Machine-Learning Algorithms, Catherine Tremble Nov 2017

Wild Westworld: Section 230 Of The Cda And Social Networks’ Use Of Machine-Learning Algorithms, Catherine Tremble

Fordham Law Review

This Note argues that Facebook’s services—specifically the personalization of content through machine-learning algorithms—constitute the “development” of content and as such do not qualify for § 230 immunity. This Note analyzes the evolution of § 230 jurisprudence to help inform the development of a revised framework. This framework is guided by congressional and public policy goals and creates brighter lines for technological immunity. It tailors immunity to account for user data mined by ISPs and the pervasive effect that the use of that data has on users—two issues that courts have yet to confront. This Note concludes that under the revised …

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Gurantees Of The Performance Measurement Process For Federal Government Employees In United Arab Emirates, منار كريم عبد Nov 2017

Gurantees Of The Performance Measurement Process For Federal Government Employees In United Arab Emirates, منار كريم عبد

Theses

This study deals with the importance of performance measurement process, including the definition and procedures of work and levels of measurement and the implications of the federal public employee in the United Arab Emirates in accordance with the Human Resources Law of the Federal Government and its executive regulations. The main administrative and judicial guarantees approved by the law for the public His performance is fair and objective. The study concluded several results, the most important of which is to subject all employees in the federal government to the system of measuring performance regardless of their grades and methods of …

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Insurance Coverage Issues In Cases Of Clergy Misconduct, James A. Serritella Oct 2017

Insurance Coverage Issues In Cases Of Clergy Misconduct, James A. Serritella

The Catholic Lawyer

No abstract provided.

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Protection Against The Discovery Or Disclosure Of Church Documents And Records, Jeffrey Hunter Moon Oct 2017

Protection Against The Discovery Or Disclosure Of Church Documents And Records, Jeffrey Hunter Moon

The Catholic Lawyer

No abstract provided.

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Show Me The Money: Legal And Prudential Considerations For Religious Organizations Participating In Fund Raising Ventures, Deirdre Dessingue Halloran Oct 2017

Show Me The Money: Legal And Prudential Considerations For Religious Organizations Participating In Fund Raising Ventures, Deirdre Dessingue Halloran

The Catholic Lawyer

No abstract provided.

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Personal Values Within Our Profession, Gordon L. Gray Oct 2017

Personal Values Within Our Profession, Gordon L. Gray

The Catholic Lawyer

No abstract provided.

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Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa Oct 2017

Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa

The Catholic Lawyer

No abstract provided.

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Learning From The Unpleasant Truths Of Interfaith Conversation: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce Oct 2017

Learning From The Unpleasant Truths Of Interfaith Conversation: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce

The Catholic Lawyer

No abstract provided.

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A Challenge To Lawyers, Robert F. Drinan, S.J. Oct 2017

A Challenge To Lawyers, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.

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Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D Oct 2017

Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D

The Catholic Lawyer

No abstract provided.

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Brief For 72 Professors Of Intellectual Property Law As Amici Curiae In Support Of Respondents In Oil States Energy V. Greene's Energy, Gregory Reilly, Mark Lemley, Arti Rai Oct 2017

Brief For 72 Professors Of Intellectual Property Law As Amici Curiae In Support Of Respondents In Oil States Energy V. Greene's Energy, Gregory Reilly, Mark Lemley, Arti Rai

All Faculty Scholarship

This is a brief of 72 IP professors opposing the claim in Oil States that the IPR procedure is unconstitutional.Petitioner argues that only a court – indeed, only a jury – has the power to decide that the United States Patent and Trademark Office erred in granting a patent. That argument flies in the face of the history of patent law and this Court’s precedents.Patents are a creature of statute: as early as 1834, this Court specifically recognized that there is no “natural” or common law right to a patent. Rather, under its Article I power to establish a patent …

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October 31, 2017: Is This Collusion?, Bruce Ledewitz Oct 2017

October 31, 2017: Is This Collusion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is This Collusion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway Oct 2017

The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway

Scholarly Works

The legal regulation of crowdfunding in the United States is neither well calibrated nor holistic. With the exception of specific securities regulation legislation, the regulation of crowdfunding under U.S. law exists as an extension of principles of pre-existing regulation to a specific new and continually changing Internet-based financing space. As a result, while some common consumer protection objectives can be identified, the legal regulatory approach to crowdfunding did not develop through deliberate, rational choice based on coherent public policy objectives. Instead, it arose and evolved by necessity in response to the spontaneous and natural origination and development of crowdfunding as …

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Geometwatch Corporation, Pla,Inti Ff- Appellant, V. Alan Hall, Utah State University Research Fouj\'Dation, Robert Behunin, Cur'l'Is R Oberts, Utah State University Advanced Weather System Foundation, And S Cot'l' J Ensen, Defendants-Appellees., Utah Supreme Court Oct 2017

Geometwatch Corporation, Pla,Inti Ff- Appellant, V. Alan Hall, Utah State University Research Fouj\'Dation, Robert Behunin, Cur'l'Is R Oberts, Utah State University Advanced Weather System Foundation, And S Cot'l' J Ensen, Defendants-Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Response Brief of Utah State University Res earch Foundation, Robert Behunin, and Curtis Roberts On certified questions from the United States District Court, District of Utah The Honorable J ill N. Parrish, No. 1:14-CV-00060

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Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena Oct 2017

Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena

Indonesian Journal of International Law

The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian …

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Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden Oct 2017

Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden

Law School Blogs

No abstract provided.

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Concession – A Legal Instrument For Energy Security, Piotr Manteuffel, Filip Elżanowski Oct 2017

Concession – A Legal Instrument For Energy Security, Piotr Manteuffel, Filip Elżanowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents an attempt to evaluate concessions granted by the President of the Energy Regulatory Office as a legal instrument for energy security. The analysis carried out relates to particular statutory conditions for granting a concession to an undertaking which intends to commence a business activity on the energy market, and to the scope of the verification of the fulfilment of such conditions by the applicant conducted by the regulatory authority in the course of the concession proceedings. Additionally, the amendment to the Energy Law Act of 22 of July 2016 is analysed, as a recent example of a …

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Consumer Adrs In The Energy Sector: Hopes And Questions, Jarosław Sroczyński Oct 2017

Consumer Adrs In The Energy Sector: Hopes And Questions, Jarosław Sroczyński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents new legal solutions in relation to Alternative Dispute Resolution (ADR) in the energy sector. Discussed are key features of the proceedings before the negotiations Coordinator. Stressed are several significant doubts concerning the [new] procedural solutions, which may weaken the overall positive effect of the new regulation. These doubts pertain, above all, to the overly broad voluntary character of the proceedings before the Negotiations Coordinator, and the controversial prohibition of the suspension of the supply of fuels and energy until the dispute is resolved by the Negotiations Coordinator.

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The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan Oct 2017

The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan

Indonesian Journal of International Law

Until now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who …

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The Impact Of The Proposed Amendments To Directive 2009/28/Ec On The Promotion Of The Use Of Energy From Renewable Sources On Energy Security In Poland, Magdalena Porzeżyńska Oct 2017

The Impact Of The Proposed Amendments To Directive 2009/28/Ec On The Promotion Of The Use Of Energy From Renewable Sources On Energy Security In Poland, Magdalena Porzeżyńska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

On 30 November 2016, the European Commission introduced the Clean Energy for all Europeans legislative proposals related to changing the European energy market. The purpose of those legislative acts, commonly known as the Winter package, is to set out the direction of the development of the European electricity market, as well as to predict legislative changes in the EU energy sector. Moreover, the Winter package includes also a proposal to amend Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources, which is imperative for …

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Legal Aspects Of The Responsible Development Strategy In The Energy Field With Special Regard To Electro Mobility, Adam Szafrański Oct 2017

Legal Aspects Of The Responsible Development Strategy In The Energy Field With Special Regard To Electro Mobility, Adam Szafrański

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article mentions the strategic projects of the Polish government in the energy field, presented in its Responsible Development Strategy. Two projects are considered, which are in particular in need of a new regulatory environment – the capacity market and Electro Mobility (E-Mobility). The paper’s next focus is on identifying legal barriers to the development of Electro Mobility. The basic issues that need to be regulated include: the need to define the parties involved in charging an electric vehicle, clarification of energy law (concession requirement) and construction law (building permit requirement). The author analyses the planned provisions contained in the …

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The Stock Ticket Contract – Chosen Practical Considerations, Marcin Kraśniewski Oct 2017

The Stock Ticket Contract – Chosen Practical Considerations, Marcin Kraśniewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article is an attempt to describe a new method of fulfilling the obligation to maintain natural gas stocks – the stock ticket contract. It presents two amendments to the Act of 16 February 2007 on Stocks of Crude Oil, Petroleum Products and Natural Gas as well as the rules in the event of a threat to domestic fuel security or crude oil market disturbances. Furthermore, presented are also some reservations and consequences of the stock ticket contract, a legal institution established by these amendments and rules. The author discusses the material, personal and temporal scope, form and nature, scope …

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Impact Of The Echr On The Inclusion Of ‘Guilt’ As A Condition For The Admissibility Of Fines For Antitrust And Energy Law Violations, Marta Urbańska-Arendt Oct 2017

Impact Of The Echr On The Inclusion Of ‘Guilt’ As A Condition For The Admissibility Of Fines For Antitrust And Energy Law Violations, Marta Urbańska-Arendt

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Standards of protection of human rights set out by the ECHR induce Polish courts to treat elements of a given perpetrator’s attitude to his own behaviour as a condition for the imposition of fines for infringements of the Competition and Consumer Protection Act and the Energy Law Act. The paper examines case law from 2010 until now, in order to determine whether it has become consistent and permanent judiciary practice to take into account the standards of the ECHR and, consequently, the perpetrator’s ‘guilt’ as the admissibility requirement for the imposition upon him of fines for antitrust and energy law …

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The Imposition Of Administrative Fines By The President Of The Energy Regulatory Office In The Context Of The Amendment Of The Code Of Administrative Procedure Of 7 April 2017, Przemysław Zdyb Oct 2017

The Imposition Of Administrative Fines By The President Of The Energy Regulatory Office In The Context Of The Amendment Of The Code Of Administrative Procedure Of 7 April 2017, Przemysław Zdyb

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Niniejsze opracowanie odnosi się do problematyki wymierzania w drodze decyzji administracyjnej Prezesa Urzędu Regulacji Energetyki administracyjnych kar pieniężnych za niewykonywanie obowiązków o charakterze publicznoprawnym przewidzianych w ustawie z 10 kwietnia 1997 r. – Prawo energetyczne. W części pierwszej przedstawione zostały w sposób węzłowy poglądy na temat charakteru prawnego administracyjnych kar pieniężnych. Następnie przedstawiono nowe regulacje dotyczące administracyjnych kar pieniężnych dodane do k.p.a. nowelizacją z 7 kqwietnia 2017 r. Kolejny punkt traktuje na temat regulacji szczególnych dotyczących administracyjnych kar pieniężnych w prawie energetycznym. Artykuł kończy się podsumowaniem zawierającym postulaty de lege ferenda w zakresie zmniejszenia liczby aktów prawnych stosowanych przez Prezesa …

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